This section contains the nature of the case and procedural background.

Fidelity Lease (D) is a limited partner under Texas law who leases restaurant locations. It is composed of 22 individual partners and one corporate general partner, Interlease. The officers, directors, and shareholders of Interlease were limited partners in Fidelity. In February of 1969, Delaney (P) entered into a fast-food lease with Fidelity, acting through Interlease. Delaney built a restaurant according to the lease, but Fidelity failed to take possession or pay rent.

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